The law firm provides comprehensive legal advice in contract law from the beginning to the termination of your business relations. This contains the tailor-made and substantiated design of your agreements, so that you can achieve a successful contract performance with legal compliance.
You receive effective legal support already in the course of contract negotiations, for example by the design of confidentiality agreements to protect discrete information like trade secrets. If required, the law firm presents a letter of intent to fix the results or a preliminary contract.
The law firm offers you the detailed review and quick draft of contractual arrangements like sales contracts, contracts for work, service agreements or general terms and conditions. Thereby it takes into account contractual especially those provisions that may contribute to the reduction of liability risks to your favour.
In case that defaults or breaches of duty like defective goods or obstacles of supply should occur during the contract performance, the law firm asserts appropriate remedies for the effective enforcement of your warranty claims. In case of material defects, quality deficiencies or defects of title, it asserts legal claims to reach a quick remedial action, supplementary delivery, reduction or damage compensation.
The law firm examines concluded contracts in relation to potential possibilities for a subsequent termination by challenge, cancellation or withdrawal. Upon request, it provides a cancellation agreement for a premature termination.
In case of an inevitable legal conflict, the law firm asserts legal representation for an effective enforcement of your legal claims in judicial and extrajudicial proceeding and also exploits out-of-court-remedies. In addition, it conducts settlement negotiations to reach an amicable and cost-efficient solution of the conflict in accordance with your commercial and personal interests.
If you are as a manufacturer, developer, trader and importer involved in international supply chains or in the cross-border distribution of goods and services, the law firm supports you by a precise review of your contracts so that you can implement your business transactions with success and compliance to the law. It provides legal advice with regard to your rights, duties and warranty risks that are connected with commercial agreements. This includes legal information about the determination of the applicable law for global business contracts.
The services of the law firm contain the legal examination and the design of contracts, forms and declarations with considerations of recent judgments and developments on the European Statutory Level. It takes into account regulations that can contribute to a limitation of liability and warranty risks in the sales chain, for examples guarantees or by an exemption from liability in case of force majeure. Furthermore, it designs legal clauses for an effective reduction of transport risks, especially in the event of damages or the loss of goods. In particular, it also takes into account international trade customs and commercial rules of the global trade in goods like the Incoterms® of the International Chamber of Commerce (ICC).
If in the course of the contractual performance delays occur like delayed just-in-time-delivery or dept defaults, the law firm asserts legal claims to reach a proper compensation of the default damages. It declares a warning or conducts judicial dunning procedures to receive default summons or a payment summon via the European Small Claims Procedure.
If services are faulty or if products are defective due to material damages or quality defaults, the law firm asserts warranty claims to achieve damage compensations. It also considers recourse claims against sub-suppliers in global supply chains and guarantee claims against manufacturers.
The legal correspondence can be in English language if required. In addition, contracts can be drawn up or translated in English and/or German language by the lawyer.
If you need legal advice or a legal representation in contract law by a German lawyer, get in contact with the MERCATIUS® Business Law Firm in Germany.